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Highlights / Annotations / Catch Notes For October of 2018

Home Highlights October October 2018 Year 2018

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Showing 201 to 250 of 625 Records

1 2 3 456 7 8 9........ 13

October 22, 2018 Case Laws GST

Detained of goods - invalid e-way bill - subsequent uploading of the Part-B would not efface the defect as pointed out by the Detaining Officer - Goods to be released on....
October 22, 2018 Case Laws Income Tax

Estimation of income on account of “on-money” - As the last fact finding authority, the Tribunal was not empowered to apply the formula and which was invented by it.
October 22, 2018 Case Laws Income Tax

Disallowance of expenses u/s 40(a)(ia) - TDS default u/s 201 - the second proviso to Section 40(a)(ia) and first proviso to Section 201(1) of the Act though inserted by.....
October 22, 2018 Case Laws Income Tax

Income from sale of shares - In the majority of the transactions the period of holding is even less than one week - not to be treated as an investment, but actuated by......
October 22, 2018 Case Laws Income Tax

Benefit of Income Declaration Scheme, 2016 - contention of the appellant is that certain clauses of the scheme had not been taken into consideration by the single member....
October 22, 2018 Case Laws Income Tax

Validity of corrigendum order to to cure the defect / mistake - Non-compliance of the mandatory provisions of Section 144-C - any error or omission or mistake committed.....
October 22, 2018 Case Laws Income Tax

Deduction u/s. 80(P) - area of operation not confined to ‘a taluk' - amended clause 80P(4) - Impact of article "a" used therein - Since the assessee’s area of operation.....
October 22, 2018 Case Laws Income Tax

Disallowance in respect of Commission and incentive made - There is no adverse material collected by the A.O. There is no allegation of illegal payments, much less......
October 22, 2018 Case Laws Income Tax

Penalty levied u/s 271AAA - the assessee in the instant case has surrendered additional income and paid the taxes due thereon and no specific query was raised by the......
October 22, 2018 Case Laws Income Tax

Transfer pricing - the TPO proceeded on a false premise that the appellant has not allocated any expenses to the homebase segment, whereas, as demonstrated elsewhere,......
October 22, 2018 Case Laws Income Tax

Set off of speculation loss against the profit earned by the assessee from delivery based transactions - the assessee would be entitled to set off this speculation loss.....
October 22, 2018 Case Laws Income Tax

Disallowance u/s 36(1)(iii) - assessee raised loan funds at high rate of interest but transferred to a sister concern or group concern at lower rate of interest or no......
October 22, 2018 Case Laws Income Tax

Transfer pricing - determination of ALP - selection of MAM - application of CUP method as against TNMM - AO/TPO directed first apply CUP using some comparable instances.....
October 22, 2018 Case Laws Income Tax

Addition on account of interest earned in surplus funds parked with banks - treating it as income from other sources OR to be treated as capital receipt and reduced from....
October 22, 2018 Case Laws Income Tax

Deduction u/s 10AA - trading activity - the term service for the purpose of Section 10AA, deriving its meaning from Rule 76 of the SEZ Rules 2006 includes trading......
October 22, 2018 Case Laws Income Tax

Deduction u/s 10B - assessee was very much eligible to work out the quantum of deduction u/s 10B of the Act without reducing the amount of interest on capital and......
October 22, 2018 Case Laws Income Tax

Addition made u/s 56(2)(vii)(b)(ii) on account of purchase of immovable property - inadequate consideration - Once the transaction of purchase of property in question is....
October 22, 2018 Case Laws Income Tax

Exemption u/s 54F - short term capital gain from sale of depreciable assets u/s 50 - sale of depreciable assets being factory shed is eligible for exemption u/s 54F of......
October 22, 2018 Case Laws Income Tax

TDS u/s 192 - provision for expenses - when there is no actual payment of these perquisites being part of salary, then the liability to deduct tax at source u/s 192 does....
October 22, 2018 Case Laws Income Tax

Additions u/s 40(a)(i) for non deduction of TDS - The assessee has to necessarily deduct tax on the premium paid to non-resident re-insurance company for reinsurance.
October 22, 2018 Case Laws Income Tax

Additions u/s 56(2)(viib) - income from other sources - lifting of corporate veil - receipt of share application money - amount received from one shareholder - benefit......
October 22, 2018 Case Laws Income Tax

Assessment u/s 153A - Unexplained gifts - The assessment originally made is unabated and once, there is no incriminating material found during the course of search in......
October 22, 2018 Case Laws Income Tax

Deduction u/s 80IA - delay of 31 days in the filing of the return of income - the benefit U/s 80IA of the Act cannot be claimed without fulfilling the conditions laid......
October 22, 2018 Case Laws Customs

Export of Garnet produced from Beach Sand Mineral - allegation of illegal activity of mining - petitioner is at liberty to export his goods, as soon as he is able to......
October 22, 2018 Case Laws FEMA

Condination of delay as per Section 19 of FEMA - No ground to condone the delay running into number of years in all the four appeals. The appellant has not been able to.....
October 22, 2018 Case Laws Indian Laws

Dishonor of Cheque - Offense u/s Section 139 of N.I. Act - Taking note of the fact that the transaction is of the year 2008 and the accused being a woman, leniency is......
October 22, 2018 Case Laws Service Tax

Demand of differential tax - The present show cause notices are reassessment of reassessment for the same period - Such authority is not available to Revenue.
October 22, 2018 Case Laws Central Excise

Jurisdiction of HC to entertain an appeal under the Central Excise Act and the Customs Act from the orders of the Tribunal at Mumbai - The appeals in terms of the High......
October 22, 2018 Case Laws Central Excise

Refund/encashment of unutilized CENVAT - Tribunal has committed no error of law in holding that the appellant cannot claim cash refund or encashment of the unutilized......
October 20, 2018 Case Laws GST

The applicant is liable to pay GST on the sale of commercial built-up area which is under construction, as the same is a ‘supply of service’ under clause 5(b) of......
October 20, 2018 Case Laws GST

Rate of tax - Electrical Wiring Harness - The Electrical Wiring Harness manufactured by the Applicant falls under the HSN tariff item No. 85443000 - from 15.11.2()17,......
October 20, 2018 Case Laws GST

Input tax credit - CGST & SGST charged in respect of brokerage services for renting of immovable property - credit is allowed on brokerage services and allowed to be......
October 20, 2018 Case Laws GST

Classification of goods - rate of tax - Agricultural Seedling Trays - cannot be classified as parts or accessories of agricultural machinery - Agricultural Seedling......
October 20, 2018 Case Laws GST

The Event Management support services provided in Goa to a registered person in Maharashtra is governed u/s 12(7)(i) of the IGST Act - Same should be treated as......
October 20, 2018 Case Laws GST

The contract for Erection, Procurement and Commissioning of Solar Power Plant falls under the ambit “Works Contract Services” (SAC 9954) and attracts 18% rate of tax......
October 20, 2018 Case Laws GST

Classification of goods - rate of GST - Quartz powder obtained by crushing Quartz stones falls under HSN code 2806 and would attract 5% rate of tax under GST (2.5% CGST + 2.5% SGST)
October 20, 2018 Case Laws GST

Classification of supply - supply of goods or not? - job-work or not? - The Activity of building and mounting of the body on the chassis provided by the principal under.....
October 20, 2018 Case Laws Income Tax

Reopening of assessment - Applicability of section 145A - valuation of closing stock - Not open for AO to reexamine the entire issue which would be merely on the change of opinion.
October 20, 2018 Case Laws Income Tax

Charitable activity - approval u/s 10(23C)(vi) - Absence of the dissolution clause of the trust, there is a lacuna which may be misutilized in the event of dissolution......
October 20, 2018 Case Laws Income Tax

Disallowance of 50% of the expenses paid as commission - assessee contended that revenue may conduct independent verification from the students - On failure of assessee.....
October 20, 2018 Case Laws Income Tax

Denial of deduction u/s 80G - Where donation has been paid by a division which was demerged from the other company and merged with assessee’s company, there is no......
October 20, 2018 Case Laws Income Tax

GP addition for unaccounted sales - the assessee has failed to prove that he made un-accounted purchases. Therefore, his request for GP addition for unaccounted sales......
October 20, 2018 Case Laws Income Tax

Deduction u/s 80IB - non issuance of completion certificate - If the Commissioner does not intimate refusal to give the occupancy certificate, then it is deemed to have.....
October 20, 2018 Case Laws Income Tax

Penalty u/s 272A(2)(K) - late filing of e-TDS return - due to software installed by revenue for e-filing of TDS returns, initial technological glitches has caused delay.....
October 20, 2018 Case Laws Income Tax

Reopening of assessment - The information given by DIT(Inv) can only be a basis to ignite/trigger “reason to suspect” for which reopening cannot be made for further......
October 20, 2018 Case Laws Income Tax

Disallowance being 50% of Foreign Travelling Expenses - the lower authorities has admitted the genuineness of the expenses to the tune of 50% and the balance was......
October 20, 2018 Case Laws Income Tax

CBDT has emphasized to its officers to focus on gathering evidences during search/survey operations and strictly directed to avoid obtaining admission of undisclosed......
October 20, 2018 Case Laws Income Tax

Once, the books of accounts have been rejected then no addition can be made by disallowing the expenses under/ over reporting of sales, purchases etc. Thus, the taxable.....
October 20, 2018 Case Laws Income Tax

Levy of penalty u/s 271E - loan given in cash - assessee had made the payment for medical treatment of his father in cash - The sources for meeting the medical expenses.....
October 20, 2018 Case Laws Money Laundering

Offence under PMLA - Provisional Attachment Order - once the banks are secured creditors and have obtained the final decree from the court which has attained finality,......

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